IL-2023-000007 - [2025] EWHC 2863 (Ch)

A General Disclaimer in the following terms:

“Stable Diffusion models are general text-to-image diffusion models and therefore mirror biases and (mis-) conceptions that are present in their training data. Although efforts were made to reduce the inclusion of explicit pornographic material, we do not recommend using the provided weights for services or products without additional safety mechanisms and considerations. The weights are research artifacts and should be treated as such. Details on the training procedure and data, as well as the intended use of the model can be found in the corresponding model card. The weights are available via the StabilityAI organization at Hugging face under the CreativeML Open rail ++-M Licence”.

The CreativeML Open Responsible AI M Licence (in which copyright is identified as belonging to “Stability AI and contributors”) contains the following provisions:

“Multimodal generative models are being widely adopted and used, and have the potential to transform the way artists, among other individuals, conceive and benefit from AI or ML technologies as a tool for content creation.

Notwithstanding the current and potential benefits that these artifacts can bring to society at large, there are also concerns about potential misuses of them, either due to their technical limitations or ethical considerations…

This license governs the use of the model (and its derivatives) and is informed by the model card associated with the model.

NOW THEREFORE You and Licensor agree as follows:…

5.

Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore you cannot use the Model and the Derivatives of the Model for the specified restricted uses. You may use the Model subject to this License, including only for lawful purposes and in accordance with the License. Use may involve creating any content with finetuning, updating, running, training, evaluating and/or reparametrizing the Model…

6.

The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output You Generate using the Model. You are accountable for the Output you generate and its subsequent uses. No use of the Output can contravene any provision as stated in the License” (emphasis added).